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Patna High CourtCR. MISC./83020/2023allowed

Fulten Yadav v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83020 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Fulten Yadav Son Of Muso Yadav R/O Vill.- Shishwa, P.S.- Gogri, Dist.- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kr Choudhary For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 307, 506, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against all the F.I.R named accused persons including the petitioner that they opened indiscriminate firing at the house of the informant with an intention to kill.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and

Patna High Court CR. MISC. No.83020 of 2023(2) dt.04-01-2024 2/2 omnibus allegation against the petitioner. On the alleged date of occurrence, the petitioner was in jail custody which suggests that in a mechanical manner, the petitioner has falsely been implicated in this case. The petitioner was remanded in the present case on 19.05.2023 and since then he is in custody.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 108 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T